How to disinherit a first-order heir
HOW TO DISINHERIT A FIRST-LINE HEIR
Hello,
This is a Legal Consultation for Heirs.
Inheritance lawyer Alexey Vyacheslavovich Moskvichev answers your questions.
Topic of today's consultation: How to disinherit a first-line heir.
Here's the question: I'm already 75 years old, old and ill. I require constant care and assistance with purchasing medications and food. My pension is small and not enough. I have an adult daughter, but she doesn't communicate with me. She hasn't called, written, or visited for many years. I receive no care or support from her. I don't want to leave her my apartment. How can I disinherit her? Yuri Ivanovich
ANSWER:
First, I'd like to point out that I recently held a consultation on how to disinherit someone. At that time, we discussed the general principles of disinheritance. A link to the video on disinheritance will be in the description of this video. Now I'll answer your question.
Dear Yuri Ivanovich,
Of course, it is your right to dispose of your property during your lifetime. This includes deciding who to leave it to.
So, how do you disinherit a first-order heir—your daughter?
The simplest and most effective option is to draw up a will in which you explicitly state that you are disinheriting your daughter (full name). You can even omit any other provisions in your will, limiting it to a disinheritance order; this option is enshrined in law.
In this case, legal succession will take place, but your daughter will be disinherited. Other heirs will be called to inherit—first-order heirs, if any, or subsequent orders. If no heirs are found, or none of the heirs accepts the inheritance, the property will become ownerless to the state. Another option is to draw up a will for your property, naming any person you wish to leave your apartment to as your heir. You can also specify that you are disinheriting your daughter.
In this case, inheritance by will will take place, and your property will be inherited by the person you name in your will. Your daughter will not be called upon to inherit, and therefore, she will receive nothing.
Another option for disinheriting a first-priority heir is to simply omit the name of your daughter from your will. You draw up a will, distributing all your property among the other heirs. Your daughter will receive nothing, because all the property is distributed to others, not to her. In other words, the first-priority heir is eliminated by the fact that all the inherited property is bequeathed to other heirs.
However, in this case, situations may arise where your daughter will still be called upon to inherit. For example, if the heirs under the will refuse to accept the inheritance. Then your daughter will be entitled to inherit as a first-order heir under the law to your property.
Therefore, it's better to choose the first or second option.
And don't forget that the testator's right to disinherit heirs is limited by the rule regarding the obligatory share of the inheritance. That is, if your daughter is entitled to a compulsory share on the day the inheritance opens, she will inherit in any case. An heir entitled to a compulsory share cannot be disinherited.
That's all the information I have for today, thank you. Subscribe to the Legal Advice for Heirs channel so you don't miss new interesting videos about inheritance and succession.
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TIMESTAMPS:
00:00 - Introduction
00:17 - Client's question: How to disinherit a first-order heir
01:20 - A simple and effective way to disinherit a first-order heir
02:45 - Another way to disinherit a first-order heir
03:58 - Another way to disinherit a first-order heir
05:30 - About the obligatory share in the inheritance
06:05 - Conclusion